The authority to effectuate an arrest in IllinoisBy Larry A. DavisOctober 2000A new appellate court case, People vs. Kirvelaitis (No. 2-99-859, 2nd District, 8/9/00), contains an excellent discussion of a police officer's authority to arrest under current Illinois law.
Cook County villages enjoined from using P-ticketsBy James J. AhernApril 2000For a number of years, certain villages located within Cook County, Illinois have been using programs to enforce traffic laws which programs are inconsistent with the enforcement of Illinois Vehicle Code.
Discovery in DUI, misdemeanor and traffic casesBy J. Brick Van Der SnickMarch 2000One of the most difficult and confusing parts of a driving while under the influence (DUI) prosecution by a State's Attorney or village prosecutor is the anomaly under the law of the right to discovery by the Defendant.
Judicial estoppel to bar use of breath or blood test results?By J. Brick Van Der SnickJuly 2000In People v. Wisbrock, 223 Ill.App.3d 173 (3rd Dist. 1991), the appellate court ruled that the State was precluded from utilizing a breath result in a DUI trial, where the defendant's conduct at the time of testing had been construed as a test refusal at the summary suspension hearing.
Recent casesMarch 2000Supreme Court Rule 415(g)(i) authorizes a trial court to impose sanctions for a party's inadvertent failure to follow discovery orders.
Recent traffic casesBy James J. AhernOctober 2000A due process violation occurs where the state destroys evidence after the defense files a timely discovery motion seeking its preservation, even if the defense attorney cannot show that the evidence had exculpatory value.
Review of important new traffic laws of 91st General Assembly approved by Governor RyanBy James J. AhernOctober 2000Amends section 11-501 and section 6-303 of the Illinois Vehicle Code to re-enact provisions of Public Act 88-680 that were declared unconstitutional by the Illinois Supreme Court in People v. Cervantes, 189 Ill.2d 80, 723 N.E.2d 265, 243 Ill.Dec. 233 (1999) as violating the single subject provisions of the Illinois Constitution.
State’s right to compel testimony in petitions to revokeBy Renee Robinson SalesMay 2000In a hearing on a petition to revoke supervision, conditional discharge or probation, does the state have the right to compel a defendant to testify? In People v. Bell, 296 Ill. App.3d 146, 694 N.E.2d 673, 230 Ill.Dec. 704, the court said yes.
Statutory summary suspension issuesBy Michael W. FeettererMay 2000A statutory summary suspension proceeding is a unique animal in that it meshes civil procedures with criminal and constitutional law.